Hi Matt,
I am going through a very lengthy/increasingly frustrating/complex injuires claim at present.
This is the info I can pass on from learning from my lawyers!! -
All/any compensation (indemnity) awards are decided by the judge -
This could be based entirely on their decision - or (in my case) I will see a court forensic doctor first who will assess my ‘injuries’ (including loss of earnings) and make a suggestion/decsion - to which the judge will then folllow/award taking into account if the judge decides I have a case against the defendant/s.
All awards are based on levels of ‘Baremo’ (google and you will find BOIE? - sp -). Sadly, (to my disgust) I have found out that each baremo/point is only ‘worth’ ?600 (it does go up slightly the more points you are awarded - but not much!).
I have permanant neck & shoulder injuries post an RTA that was not my fault + the driver was committing illegal acts. (They have never found him and the ‘Criminal case’ has been wound up).
I keep trying to get my lawyer to tell me what his ‘gestimate’ of my award/points would be in a case like mine - but I keep getting a blank look. (At the worst I will get nothing - at very best???? I may be ‘lucky’?? to get up to ?3,000 - but unlikely! - Esp as there has been a ‘technical error’ in the proceedings and we may have to start all over again???!!)
Arrggghhh!!!
Good luck on your case.
Just for your info an article I saw recently (about queer bashing - they use the same Baremo for all/every type of award here) - IF the judge things the plaintiff has a case (I.e they are not a homophobe) - the injuried party may be luck to come away with the 1 point - I.e ?600 award. IF THEY ARE LUCKY!
As my lawyer said, ‘It is a lottery’!
It makes me maad!
